Insurance

Insurance implications of the limitation period for actions arising from Deeds in Queensland decreasing from 12 to 6 years

The limitation period for an action arising under a Deed in Queensland is now 6 years in place of 12 years, so what does this mean for consultants and professionals in the building and construction industry?

Insurance Sector Review: What's happening and what's to come in 2018

2017 saw a change in the Australian insurance landscape - from overseas investors snapping up local insurance businesses, to an increase in regulation and technology advances improving how claims are being handled. In this short video our partners Mark Lindfield and Sybilla Waring-Lambert share their views on: the key investment trends we are seeing in the sector, key trends impacting the insurance industry in 2018, the growth in the Australian insurance claims market, and how technology is impacting claims handling

Proportionate liability applies in arbitrations, High Court confirms

The High Court of Australia has allowed an appeal from the decision of the Court of Appeal of South Australia in a long-running dispute on the application of the South Australian proportionate liability regime to disputes which are the subject of arbitration.

Avoiding liability arising from delay: Steps for construction consultants and builders

While delays in project progress and completion are common in the construction industry, the circumstances leading to the delay can rarely be foreseen at time of commencement.

Vicarious liability explored: Insights from CCIG Investments Pty Ltd v Schokman

A recent Hight Court decision provides welcome guidance on the appropriate test to be applied to attribute vicarious liability to the wrongful act of an employee.

CyberSight 360: Cyber insurance trends shaping 2025 and beyond

As we look to 2025 and beyond, four key themes will impact the cyber insurance industry.

Cyber insurance market trends to watch: 2023 and beyond

As cyberattacks continue to rise, cyber awareness increases and cyber security and privacy laws and regulations strengthen globally, demand for cyber insurance has increased even as premiums soar.

Proportionate liability regime does not apply to claims for breach of the statutory duty of care under the Design and Building Practitioners Act (NSW) 2020

The NSW Court of Appeal in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 (Proceedings) has overturned the earlier decision of the NSW Supreme Court and confirmed that the proportionate liability regime does not apply to claims for breach of the statutory duty of care under the Design and Building Practitioners Act (NSW) 2020 (DBP Act).

Cyber insurance and subrogated recoveries

The cyber insurance market in Australia continues to grow, with cover for both first and third-party losses.

Cyber insurance trends to look out for in 2024 and beyond

Sustainability, and particularly concerns over cyber risk accumulation and systemic risks, will remain front of mind for the cyber insurance industry for the foreseeable future.

Brand protection tips for carnivals, festivals and sports events

There are three key phases in developing the best strategy to protect an event: First, it is important to understand and define the event assets. Second, you should take steps to protect those assets and the rights that can be commercialised. Finally, the risks of exploitation should be managed to reduce the likelihood of it occurring, and to be prepared to respond if it occurs. In this short video, Amelia Lynch provides tips and hints for creating a strategy to protect an event.

Ransomware and insurance: Is cyber insurance really problematic?

'Cyber insurance is problematic' and 'Don’t pay the ransom'. This was essentially the message of the Cyber Security Cooperative Research Centre and the Australian Government in two key recent publications issued.

Critical Infrastructure Protection Act 2022 explained

The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.

Defamation and protection of reputation

Lander & Rogers grows insurance practice with new special counsel

Lander & Rogers' Insurance Law & Litigation group welcomes Noa Zur, Special Counsel, to our Melbourne office on Monday 2 October. Noa is a significant recruit for Landers and brings with her a wealth of experience in insurance litigation with the largest and most active insurers in this market. Previously she was a key member of Wotton + Kearney's Public and Products Liability team and has practised for over 10 years in workplace and transport accidents, statutory recoveries, and public and products liability claims. Noa is highly regarded by insurers for her ability to drive claims to resolution. Her proactive and strategic approach to claims management means that she gets the results that clients need.

Court confirms proportionate liability defence can be pleaded to a claim for breach of statutory duty of care under DBP Act

The Supreme Court of NSW has confirmed that a proportionate liability defence can be pleaded to a claim for breach of the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW).

Lander & Rogers awarded Insurance Team of the Year by Lawyers Weekly

We are thrilled to have been named Insurance Team of the Year at the 2020 Lawyers Weekly Australian Law Awards.

Guide to data protection in Australia

The 2021 Terralex Guide to Data Protection features a chapter on privacy laws and regulations in Australia, contributed by Corporate partner, Lisa Fitzgerald.

Directors facing personal liability for company GST liabilities; a summary of proposed reforms to Corporations and Tax Laws

As part of its 2018-19 Budget, the Federal Government proposes to battle illegal phoenix activity through reforms to the corporations and tax laws. Part of the Government's proposals may also improve its collection of companies' GST liabilities via directors potentially becoming personally liable to pay their companies' GST liabilities.

Court decision on director's liability for insolvent trading reiterates importance of good recordkeeping and ATO compliance

The Federal Court's recent decision in Stone (Liquidator), in the matter of RIC Admin Pty Ltd (in liq) v Mandalinic (No 2) [2024] FCA 164 demonstrates the analysis the courts will undertake in determining a director's personal liability for insolvent trading, even when the director does not appear for the hearing.

Introduction to warranty and indemnity insurance (W&I) in M&A transactions

Warranty and indemnity insurance (W&I insurance) is a type of insurance in mergers and acquisitions (M&A) transactions that protects either a buyer (in the case of a buy-side policy) or a seller (in the case of a sell-side policy) from financial loss that may arise in the event that there is a breach of warranties and/or indemnities given by the seller in the sale and purchase agreement for the transaction (SPA).

The High Court affirms vicarious liability is limited to employment relationships

In a watershed judgment, the High Court has rejected the expansion of the doctrine of vicarious liability in Australia to relationships outside of employment.

Section 40(3) of the Insurance Contracts Act: The role of panel defence counsel and its impact on class actions

The Full Federal Court's decision in Avant Insurance Limited v Darshn [2022] FCAFC 48 has further clarified the operation of section 40(3) of the Insurance Contracts Act 1984 (Cth).

Wage Theft, Time Recording, Award Coverage and 10 years imprisonment

Imagine paying your employee $100K thinking that you are paying at least $40K over the amount they would have received under the award (keeping in mind that most awards only have hourly and weekly rates).

De facto relationships and asset protection: what's mine is... yours?

Are you currently living with your partner in a carefree relationship without the “shackles” of a formal marriage commitment ? Are you in a relationship but maintaining separate residences? Believe it or not, just because you aren’t married or are not living together it doesn’t necessarily mean that “what’s yours is yours” anymore.

Case review: Inchcape Australia Limited v Chubb Insurance Australia Limited [2022] FCA 883

This case review examines insurance policies covering cyber risks and causation, and the associated 'directness' requirement.

Building company receives record fine over fraudulent insurance certificates

Building firm Aycon Constructions & Building Services (Aycon) has been fined $250,000 and suspended for 3 years. The imposition of a hefty fine and suspension followed an investigation by the Victorian Building Authority (VBA) which revealed that the builder did not obtain Domestic Building Insurance (DBI) for a number of its building projects and identified multiple falsified DBI certificates associated with major domestic building contracts and building permits naming Aycon as the builder.

Financial Services Royal Commission Final Report: What the insurance industry needs to know

Since the start of hearings 12 months ago, headlines about the Royal Commission have largely focused on the banking, superannuation and financial planning sectors. Whilst the insurance industry may have escaped scrutiny, the Final Report made up for this with a range of recommendations that will have important ramifications for the industry

Human Resources manager receives hefty fine in accessorial liability crackdown

A Human Resources manager has been fined $21,760 for her role in the underpayment of staff at a Chinese restaurant and the falsification of employee records.1 The decision follows a continuing focus by the Fair Work Ombudsman (FWO) on using the accessorial liability provisions of the Fair Work Act to target business advisers such as directors and officers, HR professionals, and accountants for their involvement in breaches of the Act and industrial awards and agreements.

Former director receives director penalty notice, avoids personal liability

This Federal Court decision highlights an interesting and practical solution for former directors who receive a director penalty notice after their directorship has ended.

Failure in orbit: Planning your space projects with space insurance in mind

2023 may be a year no space insurer wishes to repeat, with the space insurance market experiencing some of the biggest losses in two decades.

It's all about the accessories! The risks of accessorial liability for HR professionals

An HR professional was found personally liable for illegal decisions the business made. This is how you can avoid the same fate. Knowing your legal obligations and taking positive, proactive steps to reduce your risk is a good strategy to protect your business, and avoid the firing line. Regular workplace “health checks” on minimum legislative and award/agreement requirements will help you to ensure that you’re meeting your obligations.

Financial Services Royal Commission Final Report: Key recommendations for the insurance industry

Key recommendations for the insurance industry Life insurance commissions flagged for further reduction or elimination (2.5) The recently enacted LIF reforms that now permit only capped or level commissions for life risk products will be scrutinised by ASIC in 2021. If the restrictions have not led to significant underinsurance then ASIC will be urged to reduce them (ultimately to nil). The Commissioner is confident that relying more heavily on life insurance provided through superannuation will not leave 'large numbers of Australians without an appropriate level of life insurance'.

Watch your language: The importance of defined terms in an insurance contract

On 18 February 2017, a severe hailstorm passed through Sydney causing damage to parts of a residential development that was being constructed by the plaintiff building company, Rawson Homes.

On the hook: Officer duties and the potential for personal liability for work health and safety

While many companies understand and have in place a system to discharge their work health and safety obligations, a specific duty often less understood is the obligation of a company's officers to exercise due diligence in ensuring that the company does what is required of it from a health and safety perspective.

NSW Court of Appeal puts a broad application of proportionate liability defences back on the agenda

NSW Court of Appeal decision in Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 232 opens potential to extend the ambit of s 34(1)(a) of the Civil Liability Act 2002 (NSW).

Fairfax & Others v Voller: Liability for third-party Facebook posts revisited… but still not answered

Whether companies are liable for third-party posts on their Facebook page has become only marginally clearer following the much-anticipated decision of the New South Wales Court of Appeal in the Dylan Voller defamation case.

Court of Appeal decision maintains possibility that combustible cladding can be property damage and trigger a policy of liability insurance

AAI Limited was the insurer of Fairview Architectural Limited under several policies covering the period 14 February 2012 to 30 May 2016.